Which offense is associated with a BAC of .18 or greater?

Which offense is associated with a BAC of .18 or greater?

• A. DWI (Misdemeanor)
• B. DWAI
• C. DWAI Drugs (Misdemeanor)
• D. Aggravated DWI

Answer: (D)

In New York, the level of blood alcohol concentration determines how seriously the offense is treated. When BAC is at or above .08%, that’s DWI, but once BAC reaches .18% or more, the charge elevates to Aggravated DWI, which carries stricter penalties and reflects a higher level of intoxication. So the reason this is the correct choice is that the .18% threshold specifically creates a separate, more serious offense, different from standard DWI or DWAI. DWAI refers to impairment at lower levels, and DWAI Drugs covers impairment from drugs, not the high-alcohol case.

In New York, the level of blood alcohol concentration determines how seriously the offense is treated. When BAC is at or above .08%, that’s DWI, but once BAC reaches .18% or more, the charge elevates to Aggravated DWI, which carries stricter penalties and reflects a higher level of intoxication. So the reason this is the correct choice is that the .18% threshold specifically creates a separate, more serious offense, different from standard DWI or DWAI. DWAI refers to impairment at lower levels, and DWAI Drugs covers impairment from drugs, not the high-alcohol case.